RKKR and National Disability Insurance Agency

The Administrative Appeals Tribunal considered the case of RKKR and the National Disability Insurance Agency. The dispute concerned the provision of reasonable and necessary supports for the Applicant, who has been diagnosed with Autism Spectrum Disorder and Intellectual Disability. The Applicant's parents sought funding for supports, which the National Disability Insurance Agency had declined.

The Tribunal was required to determine whether the supports sought by the Applicant were reasonable and necessary within the meaning of the National Disability Insurance Scheme Act 2013 (Cth). Specifically, the Tribunal had to consider whether the proposed supports represented value for money and whether they were likely to assist the Applicant to achieve his goals. The Applicant's severe intellectual disability and autism spectrum disorder, resulting in a mental age of approximately two and a half years, were central to this assessment.

The Tribunal affirmed the decision under review, finding that the supports sought were not reasonable and necessary. The Tribunal considered the evidence presented, including reports from medical and allied health professionals and the testimony of the Applicant's parents. It was noted that the Applicant requires constant supervision commensurate with his developmental age and that his behaviours, such as meltdowns involving screaming and throwing objects, necessitate a high level of care. However, the Tribunal concluded that the specific supports requested did not meet the criteria for reasonable and necessary supports under the NDIS legislation.